66. Person accused may be brought up on an earlier day.

67. Instead of committal or detention accused may be bailed with or without sureties (M3 3).

68. If accused do not appear, the justice having certified (M) upon back of recognizance the non-appearance of such accused, to transmit same to the clerk of the Court where such accused person is to be tried, to be estreated.

Compelling witnesses' attendance.

60. A summons (L) may be issued by any one justice on oath being made that the person within the justice's jurisdiction is likely to give material evidence for the prosecution.

61. Service may be personally, or at abode, if summons disobeyed, a warrant (L') may be issued on proof of service. A summons may be backed so that it may be executed out of the jurisdiction of the justice issuing same.

62. If a justice is satisfied by oath that the witness will not attend without being compelled, a warrant may issue in the first instance (L').

63. Refusal to be examined or to answer questions, committal (L) to prison not exceeding seven days.

Preliminary examination.

57. Place of hearing not an open court, and the justice in his discretion may order that no person shall have access to, or be, or remain in such room or building without his consent.

58. No objection shall be taken or allowed to any information, complaint, summons or warrant, for any defect therein in substance or in form, or for any variance between

it and the evidence adduced on the part of the prosecution before the justice who takes the examination of the witnesses in that behalf.

59. If it appears to the justice that the person charged has been deceived or misled by any such variance on any summons or warrant, such justice, at the request of the person charged, may adjourn the hearing of the case to a future day and take bail.

69. Depositions of witnesses (N) to be taken on oath in the presence of the accused. Witnesses to sign same after hearing them read over. Justices also to sign same.

70. After examination of prosecutor's witnesses completed, justice to cause depositions to be read to accused and then caution him (0).

71. The justice shall, before the accused makes any statement, give him clearly to understand that he has nothing to hope from any promise or favor, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he says may be given in evidence against him upon his trial.

73. If evidence insufficient accused to be discharged.

If evidence given is such as to raise a strong presumption of guilt, commit for trial (P).

If evidence sufficient to put the accused on his trial, although it may not raise such a strong presumption of guilt as would induce him to commit the accused for trial without bail, or if the offence is a misdemeanor, the justice shall admit accused to bail (S S').

*NOTE.-Justices have no authority to take bail on committal for trial except under these circumstances.

Binding over prosecutor and witnesses.

75. The justice taking the examination to do so (except married women and infants, who shall find security for their appearance if the justice sees fit) to appear at the next court of competent criminal jurisdiction.

Recognizance (Q) to specify place of residence and trade or calling of each witness entering into same.

76. Notice of recognizance (Q2) to be given to each person bound, in which the Court at which person is to attend is to be specified.

78. Witnesses refusing to enter into recognizance to appear may be compelled by warrant (R) until after the trial of accused unless such witness duly enters into a recognizance.

79. If accused is not committed or held to bail for the offence, justice may, by order (R) discharge the witness from gaol.

81. Superior or county judge may order person committed for trial to be admitted to bail except for capital felonies, treason, and other offences against the Queen's authority on entering into recognizance before two justices, who shall take bail (SS) and issue a warrant of deliverance (S3).

86 and 87. When offender is apprehended in one county charged with an offence committed in another county or territorial division, he may be examined in the former and committed to the gaol of the latter; and witnesses bound over; but if the evidence is not in the opinion of justice sufficient to put him on his trial he shall order the accused to be taken before a justice in the county in which the offence was committed by warrant (U) and transmit documents, etc., to the justice by constable. Order (U) to be made by the latter justice or county treasurer for constable's expense of conveying accused out of the county.

ACT RESPECTING SUMMARY CONVICTIONS.

C. L. CAP. 178, R. S. C. PAGE 2123.

Information or complaint.

The distinction between Information and a Complaint is this:-An Information is the groundwork of a charge for an offence or act punishable summarily, either by fine or imprisonment; a Complaint being an application on the non-payment of money, or for the neglect to do some other act, subjecting the party in either case to a distress or imprisonment in default. An Information is technically said to be laid, a Complaint to be made. A Conviction is the affirmative result of an Information; an Order that of a Complaint. (Oke's Mag. Synopsis).

6. One justice may receive and grant process thereon,. and also to a witness, and do all other necessary acts and matters preliminary to the hearing.

23. Complaint need not be in writing unless expressly required by statute.

24. Information or complaint need not be on oath unless the statute requires it; or

25. Where a warrant is granted in the first instance,. or on disobedience of a summons.

26. Only one offence or matter of complaint to be inserted, and may be preferred by counsel or attorney.

11. Where no time provided by the particular statute the information or complaint to be preferred within three

months, except in the North-west Territories and part of the county of Saguenay which extends from Port Neuf in the said county, to the eastward as far as the limits of Canada, including the islands adjacent thereto, where the time is extended to twelve months.

12. Aiders and abettors are punishable as principals.

Process to issue to offenders.

13. On an information (Form A) page 320 C. L., for an offence or act, a summons (B) or

18. Warrant (D) at the discretion of the justice in the first instance, copy of which shall be served on defendant.

17. Warrant (C) on disobedience of summons and proof of service.

40. Warrant of remand to gaol on arrest of defendant (F).

14. Service of the summons personal, or at abode, a reasonable time before hearing, or ex parte hearing, only to be served by constable.

See Summons.

Bailing defendant.

51. One justice may commit (G) or take bail (H) either before or on adjournment of the hearing.

65. After adjudication till return of distress warrant.

71. Provision as to estreating recognizance certificate of justice (Q), and

72. Transmit bond with certificate to the clerk of the peace.